Explain the due process guarantees that apply
to identification procedures.

Describe how the prosecutor evaluates a case
when deciding if it should be filed.

List what precautions must be taken to insure
that physical evidence will be admissible in court.

Explain the process for subpoenaing witnesses.

Identify the proper dress and demeanor of a
peace officer in court.

Describe what contacts an officer should have
with lawyers, witnesses, and jurors.

Explain how an officer should deal with the
media.

Unit Overview:

Chapter Fifteen Summary

The police frequently use three procedures to help
by witnesses identify criminals: lineups, show-up, and photographic
lineups. Lineups involve showing the witness a group of possible
suspects. Photographic lineups provide a selection of pictures of
possible suspects for the witness to choose from. Showups are done by
showing one suspect to the witness.

The Fourth Amendment prohibits stopping people
without cause unless they consent. To detain someone for a show up in
the field there must be at least a reasonable suspicion that this person
committed a crime. Suspects may only be transported to a police station
for identification purposes and there is probable cause to arrest them.

The Fifth Amendment protection against
self-incrimination does not apply to identification procedures. The
suspect may not refuse to participate in a lineup for show-up. He or she
can be required to speak, stand in a particular pose, and wear
appropriate clothing.

Suspects can invoke the Sixth Amendment right to
counsel during lineups and showups held after they have been arraigned
or indicted. They have the right to have an attorney present, but the
attorney only participates as an observer.

Due process requires identification procedures to
be fundamentally fair. Anything the police do that suggest which person
in the lineup or photographic lineup is the suspect violates due
process. There should be enough people who are similar in appearance in
the lineup to force the witness to demonstrate his or her memory and
ability to observe. The police must not attempt to focus the viewer’s
attention on any one individual or coach the witness; no one should be
allowed to do so, not even other victims and witnesses from the same
crime.

Showups are judged on the totality of the
circumstances. Identifications are usually admissible if the witness had
a good opportunity to observe the crime and could give a good
description of the suspect. There does not have to be an emergency to
justify the failure to conduct a full lineup.

Introduction of testimony a trial regarding
identification procedures that violate the right to counsel is grounds
for automatic reversal of the conviction. Other mistakes are judged by
the Harmless Error Rule. The Confrontation Clause of the Sixth Amendment
gives the defense the right to cross-examine witnesses who testify about
lineups, Showups, and photographic lineups.

Chapter fifteen key terms

Due process, lineup, photograph lineup, lineup,
Showup

Chapter Sixteen Summary

Officers must carefully review the facts of the
case prior to presenting it to the prosecutor for filing. They must be
sure that there is evidence to establish probable cause for each element
of the crime. The same is true when preparing for the trial-prosecutor
must consider the best way to use the available evidence to establish
and every element of the offenses beyond a reasonable doubt. Witnesses
must be available to establish the chain of custody for each item of
physical evidence. The evidentiary value of each item must be analyzed
at the considering all available information including the results of
any laboratory tests that were performed.

All physical evidence must be reviewed and the
chain of custody must be established for each item. Evidentiary value
must also be determined after reviewing all relevant information
including the results of forensic laboratory test that were conducted.
Information must be maintained on potential witnesses. It is important
to know “what the witness is competent to testify about and where the
witness can be located. It may also be necessary to interview the
witness a guy in to test his or her memory if there has been a long
delay between occurrences of the crime and the trial.

Officers must be neat and well groomed in court.
Good grammar and vocabulary are important. Testimony must be in line
which the jurors can understand and not laced with police jargon. Overt
hostility toward the defendant is unprofessional and may cause the
jurors to become protective of the defendant. Once a case has been filed
there should be no direct communication between the police and the
defense attorney or the defendant unless the prosecution has authorized
it. Requests for discovery and other information must be channeled
through the prosecutor.

Victims and witnesses should be afforded every
professional courtesy. Subpoenaing them for court hearings should be
restricted as much as possible in order to avoid causing an
inconvenience. They should be kept informed of the progress of the case
in the role in all court proceedings.

Officers must be cautious to avoid contact with
jurors. While jurors must be treated courteously, they should not be
given any opportunity to hear out-of-court conversations related to the
case. Any requests they have for additional information must be given to
the judge-direct communications with the police are prohibited during
trial.

The First Amendment gives the media the right to
cover criminal trials, but the Sixth Amendment gives the defendant the
right to an impartial jury. Prejudicial pretrial publicity must be
avoided. Accurate descriptions of the crimes may be released to the
media, but sensationalism may cause a mistrial. Any evidence that has a
high potential for suppression because of the methods used to obtain it
(Miranda violations, search and seizure problems, etc.) should not be
disclosed. Any information to be released to the media should be
funneled through press relations officers who are trained to deal with
these situations.